Walsh & Baron [2012] WADC 165

Posted 6th December 2012 by Dirk Klicker

VIOLENCE RESTRAINING ORDER | OFFENSIVE TEXT MESSAGES

by Dirk Klicker

The parties had a passionate relationship for about 6 months.

Ms Baron terminated the relationship by telephone.

Mr Walsh sent a number of offensive text messages but subsequently apologised in a letter.

Mr Walsh had stopped contacting Ms Baron for about a week before being served with the interim violence restraining order.

The parties had a 6 day hearing in the Magistrates Court of Western Australia.

The VRO was granted against Mr Walsh for a period of 5 years and Mr Walsh was ordered to pay Ms Baron’s costs in the sum of about $33,000.00.

Mr Walsh being aggrieved by the decision appealed to the District Court of Western Australia.

Mr Walsh’s appeal was successful on the ground that his conduct was not ongoing.¬† Mr Walsh’s letter of apology had a significant impact.

The Court said “The purpose of restraining orders is not to protect people from the emotional fallout of a failed relationship, which may be bitter, spiteful and unpleasant, but to protect them from violence in the form of acts of abuse…”

For a full extract of the decision click here.